The terms and conditions set out below (“Conditions”) apply to your use of this web site and related web sites (“Site”), including the use of the information services offered on the Site. In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
Conditions
1. Site. The Site makes available information relating to Serviced Apartments and serviced apartments owned or managed by Triangle Property Developers Private Limited, a private limited company constituted under the Indian Companies Act, 1956, and its subsidiaries, controlled entities, affiliates and related parties (“Mélange Lavelle”).
2. Trade Marks. All logos, brands and marks appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by Triangle Property Developers Private Limited and / or its associate entities who feature on this website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
3. Copyright. All the information displayed, transmitted or carried by the Site including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like (collectively the “Contents”), are protected by copyright and other intellectual property laws. The Content is owned exclusively by Mélange Lavelle or licensed by Mélange Lavelle. Without limitation you may not, without such approval from Mélange Lavelle, create derivative works from any part of the Site or commercialise any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the website and not to alter the content in any way.
4. Your Use. The Site is for your personal non commercial use and the Information may be downloaded or printed by you solely for that purpose. This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:
· the Information may not be used for any commercial purpose or public display, performance, sale or rental;
· no copyright or other proprietary notices may be removed;
· the Information may not be transferred to another person;
· software may not be interfered with in any manner;
· every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
· you will only use the Information for lawful purposes and in accordance with these Conditions.
5. Linked Websites. Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other Site.
. Wherever such link/s lead to sites which do not belong to Mélange Lavelle and / or its associate entities, Triangle Property Developers Private Limited is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such Web Sites. If you decide to access such linked Web Sites, you do so at your own risk.
Similarly, this Web Site can be made accessible through a link created by other Web sites. Access to this Web Site through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other Web sites or their aim or purpose in establishing such link/s to this Web Site are necessarily the same or similar to the idea, concept, aim or purpose of our web Site or that such links have been authorised by Triangle Property Developers Private Limited and / or its associate entities. We are not responsible for any representation/s of such other Web sites while affording such link and no liability can arise upon Triangle Property Developers Private Limited and / or its associate entities consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other Web Site/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Web Site is utilised to visit this Web Site and such event is brought to the notice or is within the knowledge of Triangle Property Developers Private Limited and / or its associate entities, civil or criminal remedies as may be appropriate shall be invoked.
6. Information. The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site. Whilst Mélange Lavelle seeks to ensue that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Mélange Lavelle does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.
In particular Mélange Lavelle does not warrant that:
· the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
· your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.
Mélange Lavelle is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
Mélange Lavelle may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.
Mélange Lavelle does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, Mélange Lavelle may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
7. Liability Disclaimer & Exclusion. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party Site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. No warranty is given that the Web Site will operate error-free or that this Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web Site results in the need for servicing or replacing equipment or data, Triangle Property Developers Private Limited and / or its associate entities are not responsible for those costs.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, .to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of Mélange Lavelle under, any such warranty, term or condition, then the liability of Mélange Lavelle shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:
· if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
· if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
8. Specific Warnings: You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Mélange Lavelle does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.
Mélange Lavelle does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to Mélange Lavelle is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Mélange Lavelle or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Mélange Lavelle system, data or information.
9. Promotional Information. We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Web Sites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Web Sites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Web Sites in connection with each program, offer or promotion.
10. Serviced Apartments Reservations. The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorised by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of Serviced Apartments charges and room rates (including any available special offers) for Serviced Apartments and resorts owned or managed by Mélange Lavelle. Serviced Apartments reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
No contract will subsist between you and Mélange Lavelle or any of its affiliates in respect of any services or products offered through the Site unless and until Mélange Lavelle accepts your order by written confirmation confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the Serviced Apartments reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products set out in the Site shall also constitute part of the terms and conditions relating to the services, products and Serviced Apartments reservation terms and conditions of booking. A full set of the terms and conditions relating to the services, products and Serviced Apartments reservation terms and conditions of booking may be inspected upon demand at the Mélange Lavelle premises.
You undertake that all details you provide to in connection with any services or products which may be offered by Mélange Lavelle on the Site (including Serviced Apartments room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Mélange Lavelle reserves the right to obtain validation of your credit card details before providing you with any services or products.
All Credit Card transactions are processed using the Credit Card gateway provided by HDFC Bank Limited and its affiliates (“Facility Provider”). All credit card transactions on the Site will be governed by the terms of the Payment Gateway Facility Agreement of HDFC Bank Limited and the Facility Provider.
All Online Bank Transfer transactions are processed using the gateway provided by licensed Indian financial institutions who have entered into agreements with Mélange Lavelle to provide these services to users of the Site ("Participating Banks"). All Online Bank Transfer transactions on the Site are governed by the terms of the Online Payment Agreement with each of these banks. All users of the Site, by entering into credit card transactions on the Site, agree to be bound by the terms of agreement with the Participating Banks and the Facility Provider. The terms of conditions with the Participating Banks and the Facility Provider may be inspected upon reasonable notice at any of the premises of Mélange Lavelle.
11 Termination of Access. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with the conditions. Notwithstanding the generality of the preceding, access to the Site may be terminated at any time by Mélange Lavelle without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of Mélange Lavelle will nevertheless survive any such termination.
12 General. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services The Terms apply to your use of the Site, including all transactions you effect through the Web Sites. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.
13. Governing Law & Jurisdiction. These Terms and Conditions of Use and any disputes arising out of or related to the Web Sites or use of the Web Sites, shall be governed by, construed and enforced in accordance with, the in force in India. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of use or your use of these Web Sites shall be filed only in the courts of Bangalore.
14. Security & Non Confidentiality. Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Mélange Lavelle does not warrant and cannot ensure the security or confidentiality of any information which you transmit to Mélange Lavelle. Accordingly, any information which you transmit to Mélange Lavelle is transmitted at your own risk.
15. Return to Site. To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions.